Many people believe that having a Will is all they need, and they dont need an estate plan. Over the years we have worked with many families who only had a Will, and no provisions for needing care in a nursing home. As a result, the healthy spouses financial security was neglected and the family went broke.Many of my clients who want to protect assets from long term care costs, own their houses in an asset protection trust. These are the top 6 reasons why our clients decide to use this trustWhile Your Parents Or Grandparents Didnt Have An Asset Protection Trust, They Didnt Often Need Long Term Care. They likely had family members nearby caring for them.Statistically speaking, your odds of needing long term care are increasing. Estimates point to two out of three people who will need long term care in nursing homes in their 80s. Nursing homes currently cost $15,000 a month, and they will cost even more 20 years from now. Asset protection is important, to avoid losing everything to long term care costs.Estate Planning Is Not Just About Answering The Question Of Who Gets Your Stuff When You Pass Away. Its also about planning for what happens if you get really sick. Weve all been paying into this government system with the promise that when we turn 65, we will have healthcare. Unfortunately Medicare doesnt pay for the single biggest health care expense that seniors face, which is custodial long term care in a nursing home.If your health issue is acute, such as a heart attack, or you need surgery, or have cancer, and require acute care in hospital, Medicare will cover the costs of treatment. Whether my spouse and I are financially secure in our retirement years, depends on the healthcare issue either of us will have. This is often beyond our control, but what we can do is to prepare for all eventualities, by protecting our house with a trust. Medicaid Is The Only Government Payment Source For Long Term Care, But The Rules Are Broken. If youre a single person going to a nursing home, youre allowed to own up to $8,000 of assets, a house and car. A couple with $100,000 in a retirement account, must spend that money on care in the nursing home. Once the money is gone you can apply for Medicaid benefits. However, your monthly income is used to pay for care, and you are only allowed to keep $45 a month for all your personal needs. We have a situation where seniors are going broke before they get Medicaid benefits. Theyre allowed to own a house but if they have no money, they cannot pay property taxes, utility bills or maintenance costs.Assuming your child is a power of attorney, they may sell your house to avoid paying the taxes and bills. However, this means you will now have cash which will result in you losing your Medicaid benefits. Not only do you lose your house, but you will need to spend the money on care. When you are broke, you are eligible for Medicaid benefits again. It is not obvious in the Medicaid rules that you will lose the house. The problem is that it becomes financially impossible to keep the house. Putting your house in a trust will protect it from being lost to Nursing home costs.If The House Is Left To Your Child In Your Will, By Paying The Taxes And Keeping The House, Does Not Guarantee That They Wont Lose The House. When somebody who passes away was on Medicaid, the executor is forced to sell the house. The proceeds are used to pay the state for the care the senior received in the nursing home. This is known as the Estate Recovery Program, and the claim in Pennsylvania is limited to someones probate estate. This means that if the assets go through the Will, it will be a probate case, and the state will have a claim against the house.If your house is in the asset protection trust when you pass away, the state cant get your house while its in the trust. Your kids will inherit the house if you go to a nursing home, or you pass away.Your Kids Will Receive Their Inheritance Faster If Your House In An Asset Protection Trust.We dont have to wait 12 months to make the distribution of the inheritance to the children. The distribution process usually happens after four to five months. This is because we dont have to pay creditors. Usually, in probate cases, creditors can make a claim a year after the person has passed away. Once the creditors are paid, distributions are made to the heirs.When Your House Is In An Asset Protection Trust, The Only Thing You Would Have To Give Up Is Having Access To The Home Equity. However, if you have money in the bank, you wont need home equity. Giving up access to the equity, means the nursing home cant access it either. You have protected your house, so you wont lose it. If you or your spouse need long term care, the healthy spouse can still live at home.There are opportunities to protect yourself, and thats what we teach you at our Three Secrets Workshop. If you want to protect your assets, and you want the best plan for your family, we can help you! After attending our Three Secrets Workshop, most of our clients have participated in our Blueprint Workshop. As a result, many of our clients chose to work with us and put their houses into a trust.Register to attend one of our upcoming free workshops.  Our workshops are offered various dates/times and locations throughout the Greater Pittsburgh Area, call 724-564-6615 to learn of upcoming Workshops and to register.   We will teach you about the estate planning tools you can use to do some good planning. 

We cant emphasize enough how important it is to review your will and insurance policies, reassign your Power of Attorney if necessary, and meet with your financial advisor(s) at the beginning of this decade. Ive changed my will three times, and I am 54 as of this writing. Life really does whiz by, and so do all the changes. About one month before your life insurance policy renews, put it on your calendar to meet with your agent. You are not bothering themyoure making their DAY! Regarding your financial advisors or broker, this is another helper you dont want to sit by the phone for, hoping they will call you. They typically only call you when they need you to sign an updated form or something new or unpleasant is about to happen with one of your funds (maybe), and theyll need your verbal permission to move your money into another account. Youll need to be proactive, checking in and scheduling your appointments, even if theyre just phone calls. If youre not certain how to properly access your statements and information online, make sure you get help from your advisor to get in and look, together. They might be the expert here, but in the end, youre in charge, and its YOUR money.Since you dont usually get to choose how youre going to leave this world, you DO get to choose how youll be, um...stored...after you die. In the jar or in the box? Ashes at sea or on a golf course? Do you want to be part of a trees seeds? I want my ashes scattered in Ireland, a trip Ill pay for, for my kids to take my ashy bits and put them into the Irish Sea. Its where my ancestors are from, but thats not the point. Its where I want my ashes to go. I love the ocean, and I love Ireland. And I love my kids. I want them to get on a plane to Dublin, pop into a pub, order beer and a big bowl of (Irish) stew, and talk about me. Im sure theyll regale the locals about what an awesome adventurer I was, and of course, a stellar mother. Then theyll take me to the sea, say a few words, and after checking wind conditions, toss my remains into the water. It's not pleasant to discuss or think about, but it is reality. I know this. We all do, really, we just dont talk about it. If you cant talk about it, write about it. When you pass away, there are going to be questions and uncertainty, let alone grief, from those who you loved you. They will need to understand your wishes as they are dealing with the loss, so it is truly helpful to record the answers to these questions, at the minimum. Make sure you give your executor or executrix this information sooner than later, and keep a copy for yourself.My name is ___________________, and this is what I want done with my: possessions: ________________________________________________________________ money: ____________________________________________________________________ funeral: ____________________________________________________________________ photos: ____________________________________________________________________ digital rights: ________________________________________________________________If you are looking for an incredibly easy tool to use, check out the Peace of Mind Planner: Important Information about My Belongings, Business Affairs, and Wishes, by Peter Pauper Press Inc. It has easy-to-use forms for final thoughts and hopes for you to convey to your family or anyone you will someday leave behind who loves you.This article was adapted from the book Chronological Order: The Fine Print for a Large Life, by Jill B. Yesko and Laurean Kile.

I was at a family reunion recently, and I overheard a lady say that one of the challenges of getting old is seeing your parents aging. This lady is probably in her late 50s and she is the caregiver for her mom, who is in her 80s, with very serious health problems. Speaking with the owner of a relatively large business recently, he said that many of his employees are needing to take time off from work. This is because they are caregivers for their parents. This is a sign of the times, and there are an increasing number of people dealing with these issues.This One Is For The CaregiversMost of our presentations and educational content are focused on our clients, whether its retirees in their 60s or seniors in their 70s and 80s. We do estate planning across the generations, but given the increasing number of caregivers taking care of their parents, I wanted to reach out to the caregivers. The title of this blog What to think about when the unthinkable happens, refers to what we should think about and do as caregivers, if a parent becomes sick or passes away.Estate planning is really about the management of control and access. The control aspect refers to who is making the decisions, and access refers to what is allowed with regard to the finances. If my client has a stroke, or gets dementia, they may have mental faculty issues. As a result, they may not be able to manage their own affairs as they used to. If you notice your parents health is declining, as caregivers you need to consider the following:Power Of Attorney DocumentThe first thing you need is a document called a financial power of attorney, which shifts control when someone needs assistance. There are essentially two types of Power of Attorney documents:A springing power of attorney is based on the idea that you sign the document while you have the capacity, so that should anything happen, your child can take over. The problem is that nobody ever admits that they are losing capacity, especially if they have dementia. It then becomes a battle if the child needs to use the power of attorney, to act on behalf of a parent.The other type is a durable power of attorney, which you sign while you have your mental faculties. However, the document is effective immediately even if your child may not use it immediately. This type of Power of Attorney is preferred in most situations. Since dementia is progressive in nature, there will likely be a gradual decline in a seniors mental capacity. Over time, the child caregiver will need to take more responsibility to help their parent. Eventually the time will come when the parent cannot manage on their own. This is the time when the durable power of attorney will work, and is the primary way to plan for someones incapacity.Asset Protection Is ImportantAnother suggestion is to consider doing some asset protection, using an asset protection trust. I recommend these trusts for middle class and upper middle class families who are concerned about long term care expenses. We can work with you to create these trusts. The system in this country often results in seniors going broke if they need long term care. Nursing homes in Pennsylvania cost $180,000 a year and most people cant afford to pay that. Only when you are broke, can you get Medicaid benefits to pay the nursing home. Medicaid is the only payment source for long term care, and its important to understand the rules of Medicaid. One of the rules is that if you have transferred assets to an asset protection trust ahead of time, those assets are protected from long term care costs.We Can Help You To Find Long Term Care FacilitiesIf you have a parent who is starting to slip, they may need long term care at a later stage. Please take the time to understand the different types of facilities available to provide care for your loved one. We help our clients with this aspect, and we have a social worker on our team who is familiar with the different facilities. We help people find good care, which I believe is part of doing good estate planning.Take Care Of YourselfWhile you are taking care of a loved one, if you are a caregiver, you must get the resources to help you to take care of yourself. Here is link to a website with information on caregiver resources: https://www.hospiceandpalliativecareofkodiak.org/caregiver-resources. Jennifer who started this company did so after being a caregiver. She realized the many challenges that caregivers face from an emotional standpoint. You are not in this alone and you also need the support.Losing A Loved OneWhen we talk about the unthinkable happening, we are talking about losing a loved one. Perhaps youre the executor and you are wondering what you should do first if your loved one passes away. Let me reassure you that there is no legal or financial emergency that needs addressing in the first 48 hours. If you have just lost someone dear to you, allow yourself time to grieve. When it comes to the estate administration process, it is a marathon and not a sprint. This is especially pertinent when it comes to probate cases. Please contact the Sechler Law Firm or your estate planning attorney, to get help with the estate administration process.